MCFADDEN v. DEPARTMENT OF CORRECTIONS et al Doc.

3
Case: 3:08-cv-00239-slc Document #: 3 Filed: 05/01/2008 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF WISCONSIN

KENNETH J. MCFADDEN #182616,

Petitioner,
ORDER
v.
DEPARTMENT OF CORRECTIONS 08-cv-239-slc
LEGAL DEPT. and AGENT JENNIFER
LAWRENCE,
Respondents.

Petitioner Kenneth J. McFadden, a prisoner at the Dane County jail in Madison,

Wisconsin, has submitted a proposed complaint. He requests leave to proceed in forma

pauperis. A decision on the request will be delayed because although petitioner has sent a check

in the amount of $50 he has not submitted a six-month trust fund account statement from

which I can verify whether he qualifies for pauper status and if so, what amount he must pay

as an initial partial payment of the $350 filing fee. 28 U.S.C. § 1915(b).

Petitioner's complaint was submitted on April 5, 2008. His trust fund account statement

should cover the six-month period beginning approximately October 5, 2007 and ending

approximately April 5, 2008. Once petitioner has submitted the necessary statement, I will

determine what amount petitioner must pay, if any, in addition to the $50 payment he has

submitted. If the amount petitioner owes is less than $50, his complaint will be taken under

advisement so that the court can screen the merits of his complaint under § 1915(e)(2). If the

amount is more than $50, petitioner will be required to make an additional payment to cover

any amount he owes over $50 before the court can screen his complaint.

Dockets.Justia.com
 Case: 3:08-cv-00239-slc Document #: 3 Filed: 05/01/2008 Page 2 of 2

ORDER

IT IS ORDERED that petitioner may have until May 19, 2008, in which to submit a

trust fund account statement for the period beginning approximately October 5, 2007 and

ending approximately April 5, 2008. If, by May 19, 2008, petitioner fails to respond to this

order, I will assume that he wishes to withdraw this action voluntarily and, in that case, the clerk

of court is directed to close this file without prejudice to petitioner's filing his case at a later date.

Entered this 28th day of April, 2008.

BY THE COURT:

/s/

STEPHEN L. CROCKER
Magistrate Judge